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07/20/1994 Regular '4/21' JaIlU'lBS 01' DB KOBO. COUIITY BOUD 01' COWTY COIDIISSIOllBRS Regular Meeting Board of County Commissioners Wednesday, July 20, 1994 Key West A Regular Meeting of the Monroe County Board of County commissioners convened at 9:00 A.M., on the above date, at the Holiday Inn Beachside. Present and answering to roll call were Co_issioners Earl Cheal, shirley Freeman, Mary Kay Reich, and Wilhel.ina Harvey. Mayor London arrived later in the meeting. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Randy Ludacer, county Attorney; James Roberts, county Adainistrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIO.S, CODBC'lIOBS, DBLnIOB. Motion was made by Commissioner Harvey and seconded by co..issioner Freeman granting approval of Additions, Correction. and Deletions to the Agenda. Motion carriec:l unanimously, with Mayor London not present. CDlO.-fB DDGBIIBII'Jt Growth Management Director, Bob Heraan, addressed the Board concerning the consideration of the Parks and Recreation Board's unanimous reco_ndation that the Roth property not be purchased for the construction of the Upper Keys Youth Center and that the Youth Center be constructed in one of the parks purchased through the land acquisition prograa partially funded by the plorida co_unities Trust. Motion was _de by co_issioner Reich and seconded by co_issioner Harvey granting approval of the following Staff reco..endation: staff agre.s with the Parks and Recreation Board that, to avoid a duplication of facilities, the Youth Center should be located in one of the parks to be built in the Upper Key.. Motion carried unaniJlously, with Mayor London not pre.ent. 94/217 Growth Management Director Bob Herman and Monroe County Parks and Recreation Planner Antonia Gerli, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval of Staff recommendation for the ranking and project sponsorship of new Intermodal Surface Transportation Efficiency Act (ISTEA) Enhancements projects. Motion carried unanimously, with Mayor London not present. Said ranking of the ISTEA is attached hereto and made a part hereof. Growth Management Director Bob Herman, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman redirecting journeyman requirements for airconditioning, electrical, mechanical and plumbing contractors to the Contractor's Examining Board so that a mutual solution can be derived by the Florida Keys Contractors Association and Monroe County Licensing Board. Motion carried unanimously, with Mayor London not present. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval to advertise an Ordinance revising section 6-56(3) Monroe County Code, deleting the Class III Sub-Engineering and Land Clearing Contractor Category; Providing for those persons holding such license as of the effective date of this Ordinance to be able to renew said license revi.ing Section 6-56(18) to include clearing, grubbing and pearock in the definition of Landscape Specialty Contractor; Providing for severability; Providing for the repeal of all Ordinance. inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an effective date. Motion carried unanimously, with Mayor London not present. An Update on Legal Issues was presented by Special Litigation Council James T. Hendrick. Mr. Hendrick discussed the filing of a lawsuit on the gambling ship operation in the Upper Keys. Mr. Hendrick discussed the New Port Largo v. Monroe County litigation. Mr. Hendrick discussed the Third District Court of Appeals action on the Pigeon Key litigation. Mayor London entered the meeting. Ja8CWT.LUBOU8 BULK UPROVALS Motion was aade by Mayor London and seconded by Co.aissioner Harvey granting approval of Mayor London' a naaination of Harold Nuggent to the Planning Co..iasion. Motion carried unant.oualy. '4/218 SOmmZHG BOUD L. B. Pokorski addressed the Board concerning Marine planning and Construction. After Board discussion, motion was Bade by Comaissioner Freeman and seconded by Commissioner Cheal requesting that a Request for Proposals be developed for a contractor to provide mooring fields and sewage and garbage reaoval service for one or more sites in Monroe county waters. The Contractor would be responsible for all permitting and expense. Use of the facilities by the boaters would be voluntary. Motion was made by co_issioner Harvey and seconded by Ccmai..ioner Reich to postpone the item. Roll call vote was taken vith the folloving results: c~issioner Cheal No Commissioner Freeman No Commissioner Harvey Ye. Commissioner Reich Yes Mayor London No Motion failed. Marine Resources Director George Garrett and County Attorney Randy Ludacer, adelressed the Board. Roll call vote on the original .otion va. taken vi1:h 1:he following re.ulu: co..issioner Cheal Ye. co..issioner Freeaan Ye. co..issioner Harvey No co..issioner Reich No Mayor London Ye. Motion carried. 8aJNel A. Arutt, adelre.sed 1:he Board. Gill OdUII, addressed tbe Board regarding 1:he pos.ibility of radiation contaJlination of tbe Bverglad.. and Plorida Bay. Motion va. ..de by Cft-is.ioner Cheal and II8COnded by c....l..ioner 1'r~n requ..ting suff to cooperate vi1:h 1Ir. 0ctUII 80 ~t ~. JIonroe COUnty Public Library be _de available in order for JIr. 0d\DI to hold a public _ei:iDg to diacuaa ~ _tter. Motion CUTied unanboualy. a1lLK ~ 94/219 Motion was made by Mayor London and seconded by Commissioner Cheal to approve the following items by unanimous consent: Board granted approval of a release of an affordable housing restrictive covenant for property located at Lots 1, 2, 3, Block 15, Sands Subdivision, Big pine Key. Board adopted the following Resolution authorizing the execution of the Florida Recreation Development Assistance Grant for the development of Bernste~n Park on Stock Island. R.SOLUTIOB BO. 209-1994 See Res. Book No. 122 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, an agreement between Joseph Farrugia and Monroe County to resolve the issues in dispute between them with respect to a lawsuit filed on Noveaber 3, 1992. 1lU0LUTIO. BO. 210-1994 See Res. Book No. 122 which is incorporated herein by reference. Board granted approval and authorized the Mayor to execute, on behalf of Monroe County, an agreement between the Florida Department of Community Affairs, Monroe County and Steve Hanover concerning Lot 12, Section "B", Long Beach Estates, Big Pine Key, Monroe County, Florida, approximate mile marker 33. Motion carried unanimously. Board adopted the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, an agreement between the Florida Department of Community Affairs, Monroe County, Gerald Krause and John and Betsy Wilde concerning Lot 10, Block 23, CUthroat Harbor Estates, CUdjoe Key, Unincorporated Monroe County, approximate mile marker 23. 1lBS0LU'l'IOII HO. 211-199. S.. Res. Book No. 122 which is incorporated herein by referenc.. Board granted approval of an amendment to the Coastal Zone Managaaent Subqrant for the Cesspool Identification and Elillination Project for Monroe County, Florida OepartJaent of co..unity Affairs Subqrant #94-0S-72-11-54-01-015. PROGRU/COJISftucrIOJI DQGBR - DIG Board granted approval and authorized execution of Cbanq. Order Ho. 24-002-017 to Dougl.. H. Hiqqins, Inc., Sit. Work, for an increase in the c~ntract ti.. only of 93 days for 94/220 the Marathon Airport. Board granted approval and authorized execution of Change Order No. 24-001-011 to Roma Construction, Terminal Building, in the increased amount of $95,273.00 and increase of contract time of 93 days for the Marathon Airport. Board granted approval and authorized execution of Change Order No. 27-001-002 to D.L. Porter Construction's Contract No. FB-001, Construction, in the increased amount of $353.00 for the Big coppitt Fire Facility. Board granted approval and authorized execution of Change Order No. 27-001-003 to D.L. Porter Construction's Contract No. FB-001, Construction, in the decreased amount of $3,430.00 for the Big coppitt Fire Facility. Board granted approval and authorized execution of Change Order No. 01-006-001 to Mowrey Elevator Company's Contract No. KJ-006, Hydraulic Elevators, in the decreased amount of $800.00 for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-016-006 to D. L. Porter Construction's Contract No. KJ-016, Masonry, for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-008-020 to J. F. Hoff Electric's Contract No. KJ-008, Pri.e Electrical, in the increased amount of $9,566.00 for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-016-007 to D.L. Porter Construction'. Contract No. KJ-017, Masonry, in the increased aaount of $351.00 and approval of Change Order No. 01-014-007 to National Detention Group's Contract No. KJ-014, in the amount of $983.00 for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-016-008 to D. L. Porter Construction'. Contract No. KJ-016, Masonry, in the increased amount of $3,103.00 for the New Detention Facility. Motion carried unanimously. JaSCrurUBOU8 BULK Board adopted the following Resolution in recognition of the late RaYJlOnd Lord. Motion carried unaniaously. aB8OLU7I~ ~. 212-1"4 '4'221 See Res. Book No. 122 which is incorporated herein by reference. PUBLIC HEARIHG A Public Hearing was held amending Ordinance No. 004- 1994 and Section 6-40, Monroe County Code, providing that a building permit be required for each principal structure prior to construction; Providing for compliance with the Dwelling Allocation Ordinance; Providing for expiration of building permits older than five (5) years; Providing for completion of structures which have received an approved framing inspection; Providing for declaration of public nuisance and requiring the completion or removal of principal structures(s) which have not received either a final exterior inspection or a certificate of occupancy within two (2) years of an approved framing inspection; Providing a variance procedure; Providing that the provisions of this Ordinance shall control over any inconsistent provisions of the Monroe County Code; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an effective date. County Attorney Randy LUdacer, read by title only. Growth Management Director Bob Herman, Jim Quinn representing the Department of Community Affairs, and Special Litigation Council, James T. Hendrick, addressed the Board. There was no public input. Motion was made by Commissioner Cheal and seconded by Mayor London to adopt the following Ordinance as modified. Said modification as follows: Page 6 Section (f) 4. Insert the words "In addition, the permit holder must have applied, on or before August 15, 1994, for a variance to the time limitations .et forth in Ordinance 031-1992, 036-1993, or 004-1994" between the words "structure is 50t comDlete. and "An application for" in the section. Roll call was unanimous. ORDIBaBCB HO. 013-1"" See Ord. Book No. 33 which is incorporated herein by reference. Gll01l'1'Jl J1ADGBIUDI'l' Growth Management Director Bob Herman, addressed the Board concerning eleven (11) permit-expiration variance requests s~itted under Ordinance No. 004-1994, Section l(f) (4). Motion was ..de by co..issioner Cheal and seconded by Co..issioner Reich granting approval of Request. I's 2, 3, 5, 6, 7 as reco-ooed by Staff and continuing 11. Said Requests as follows: '4/222 1. Frank Areces, Jr. Permit Issued: February 1981 Completion: 30t (Column High) Previous recommendation: Denial RECOMMENDATION UNDER REVISION: Denial *Note: Possibly could be considered under exception #1 2. Charles and Paulette Ferry Permit Issued: 8/26/86 Reissued 5/25/88 Reissued 12/5/91 And revised several times thereafter Completion: Greater than 50' (Roof on, Dried in) Previous recommendation: Approval RECOMMENDATION UNDER REVISION: Denial 3 . Jack Kepler perait Issued: November 1985 Completion: 90' Previous reco_endation: Approval RECOMMENDATION UNDER REVISION: Denial 5. Jaae. Newton perait Issued: 1/3/91 COJIpletion 35' Previous reco_endation: Approval RECOMMENDATION UNDER REVISION: Denial 6. Mr.' Mrs. Jose Petit P~t Issued: 4/25/90 Completion: 40' Previous recommendation: Approval RECOMMENDATION UNDER REVISION: Denial 7. Mr. Mark Herre perait Issued: 7/13/88 co.pletion: 50' Previous reco~tion: Approval RBCOIIIIBNDATIOR UNDER REVISION: Approval IIotion carried unaniJlously. Growth Jlana9~t Director Bob Beraan and Dustin Retuno 94/223 addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of the followinq variance: 4. Dustin Netuno Permit Issued: January 1986 Completion: 25' Motion carried unanimously. Growth Management Director Bob Herman and Ena Jane addre.sed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of the followinq variance due to circumstances establishinq hardship to wit, that the applicant would substantial financial loss if required to apply through the Rate of Growth Ordinance process: 8. Mr. Ir Mrs. Luis Jane Permit Issued: 10/29/91 Completion: 5' Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by C~i.sioner Freeman to reconsider the following variance: 4. Dustin Retuno PerJIit Issued: January 1986 Completion: 25' Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by coa.issioner Freeman qranting approval of the above variance due to circuaatances e8tablishinq hardship to wit, that the applicant would 8u8tain substantial financial 1088 if required to apply through the Rate of Growth Ordinance proceS8. Motion carried unanimously. Growth Manag_ent Director Bob Heraan; County Clerk Danny Kolhaq.; Special Litigation council James T. Hendrick; Jill Quinn r.pr_entinq the Department of Co_unity Affairs; and Kieba.l COllina repre.entinq the Plorida Keys Resourc. Planning and Ilanag8ll8Jlt Cft-i tte., addressed the Board concerninq clarification of Board direction to Growth ManaCJ-..t Division on June 16, 1994, reqarding the Principl_ for Guiding Dev.lo~t. 1Ir. KolbaCJ. info~ the Board of an error vbich had occurred on pag. 94/178 of the Board minutes of Jun. 16, 1994 concerning the Pr1ncipl_ for Guiding Develop.ent and that a revision to the -lftUt8a bad been coapleted. IIotion -- _d. by Co..i..ioner Cheal and seconded by '4/224 co..issioner Freeman directing staff to arrange for a workshop with the Board of County Commissioners to meet with the Planning Co_ission, the Resource Planning and Management Committee, the Departaent of Community Affairs, and other appropriate parties to be held in the month of October concerning the Principles for Guiding and Development. Motion carried unanimously. Ja8CBLLUBOU8 BULK UPROVALS Growth Management Director Bob Herman and Mayor London discussed the approval of a Major Conditional Use Development Ord.r for construction of additional recreational faciliti.s on Big pine Key. Motion was made by Commissioner Cheal and s.conded by comaissioner Reich adopting the fOllowing ReSOlution, as amended, approving the application filed by Monroe County to construct two tennis courts with a twelve foot high athletic fence and coin- operated lights at Watson Field (Tracts II and IF, Pin. K.y Acres) and on. basketball court with athletic f.nc. at the Big Pine Leisur. Club (Tract. DW and &1, Pine Key Acr.s) on Big Pin. Key, unincorporated Monroe County, Florida approximate mil. -.rk.r 33. Said amendment as follows: Delete 12. The Fenc. at the Big Pin. Lei.ur. Club shall be removed on the .ast, we.t and south property lines; RB80L~IO. .0. 213-1"4 S.. R.s. Book No. 122 which i. incorporated herein by reference. Motion carried unanimously. DIVI8IO. 01' PUBLIC woua Public Works Director Dent Pierce and Joseph Godbout, Pr.sid.nt of the Conch Republic Athletic Program, addr....d the Board. Motion was made by Co_is.ioner Ch.al and ..conded by C~i.sion~ Reich granting approval of the following St:aff reco.aendat:ion for the athletic prograa to solicit usage of a portion of property on crawl Key for -Capt:ure the Flag- g..es: 1. Organizat:ion t:o coordinat:e with the Count:y BiOlogist:, in order to deteraine if their proposed usage is environaentally .afe; 2. Original Cartificat:e of Insurance for $1,000,000.00 General Liability, listing Monroe County as additional insured, as well as list:ing the location and events; 94/225 3. Original Hold Harmless Agreement filled out and notarized; 4. Debris to be removed from the game area; 5. The area to be used for the games must be obvious to the players with adequate signs restricting the games, hazards should be taped off or obvious; 6. Letter from organization understanding that all activity will be stopped if an unsafe condition is apparent and until the hazardous condition is corrected; and, 7. List of dates for usage. Motion carried unanimously. COUll'l'Y ADIIIIfISTIlA'IOR Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the appointments as indicated in Monroe County Boards and Committees book, revised 2/94, to the Matecumbe Historical Board. After further consideration, motion was made by commissioner Cheal and seconded by Commissioner Reich to continue the item to the next reqularly scheduled meeting. Motion carried unanimously. PROGRaJI/COlfSftUCfIOIf DDGD - DIG County Administrator James Roberts and Project Manager Larry Keys addressed the Board, concerning the amendment of the proqraa Management Contract, Article 16, page 8, paraqraph 16.0.3, to allow MK/G to perform financial functions at the home office in lieu of on site at an agreed upon cost of $2,500.00 per month, with the stipulation that MK/G eliminates the position of the site accountant. Mr. Keys addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal qranting approval and authorizing execution of change Order 27-001-001 to O.L. Porter Construction's Contract No. FB-001, Construction, in the increased aaount of $6,903.00 for the Big Coppitt Fire Facility. Motion carried unanimously. Mr. Keys addressed the Board. Motion was _de by co..issioner Freeaan and seconded by co..issioner Harvey qranting approval and authorizing execution of Change Order No. 01-013-005 to No~t Industries/G.B. Manchester's Contract No. KJ-013, security Systeas, in the increased ~unt of $4,660.00 for the '4'226 New Detention Facility. Motion was made by Commissioner Cheal directing the Architect to revisit the project for a plan that will allow construction of the facility within a $4,000,000.00 figure. Motion died for lack of a second. Motion was then made by Commissioner Reich and seconded by Commissioner Harvey granting approval to award bid and authorize execution of Contract SJ-001, New Detention Facility Offices, without the Alternate No. 1 VCT deduct, to D. L. Porter Construction, Inc., and approval of the revised Program Budget for the New Detention Facility Offices. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion carried. DIVISIO. 01' PUBLIC WOU8 County Engineer Dave Koppel discussed on-street parking at the County Courthouse in Key West and Truman Annex Management Co.pany'. offer to sell to the County, tw.nty (20) on-street parking spac.. on the west .nd of Eaton stre.t for use by County _ploy.... Motion was made by commissioner Harvey and ..conded by Co..i..ion.r Fr.eman to refer the off.r to staff for furth.r information. Motion carried unanimously. DOGItD/CO.SDUc:.rIO. ImDGBIl - DIG Motion was made by Commissioner Harvey and s.conded by Mayor London to r.consider Agenda item F-13 conc.rning the award of bid and authorization to ex.cute Contract SJ-001, New Det.ntion Facility Offic.s, without the Alternate No. 1 VeT deduct, to D. L. Port.r Construction, Inc., and approval of the revised Program Budget for the N.w Det.ntion Facility Offic... Motion carried unani.ously. Motion was ~de by Mayor London and s.conded by Co_issioner Harvey qrantiDCJ approval to award bid and authorizing execution of Contract SJ-001, New Detention Facility Office., without the Alternat. No. 1 vcr deduct, to D. L. Porter COnstruction, Inc., and approval of the revised Proqr_ Budget for the R.w Detention Facility Offic... Motion carried unaniJloualy. 94/227 COUftY ADHIla8TRA!'OR Library Director Mary Quinn presented a thorough review ot the Monroe County Library System. Mayor London left the meeting for a brief moment. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal requesting the County Administrator to include a format for reports by the various Boards and Committees ot the County to the Board of County Commissioners on the tollow-up sheet. Motion carried unanimously, with Mayor London not present. Mayor London returned to the meeting. BOUD 0.. UPDL8 Applicant Dr. Barry Jacobs addressed the Board concerning bis appeal of the decision ot Dianne aair, FEIIA Coordinator, in denying an application tor an atter-the-tact penit tor a bathroom below base tlood, electrical work below bas. tlood, and the remodeling ot an existing below base tlood elevation lattice storage enclosure into habitable space. PEllA Coordinator Diane aair and County Attorney Randy Ludacer oftered rebuttal. Dr. Jacobs rebutted Hs. Bair and Mr. Ludacer. Hotion was then ..de by Commissioner Cheal and seconded by Commi.sioner Preeaan to approve statt recommendation to deny the appeal and uphold the decision ot Dianne Bair, with the applicant co.ing into co.pliance with the codes as per direction ot the Code Entorc_nt Board. Roll call vote was taken with the tollowing results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. C01Jft~ aoKDr%8fttA!'Oa Charles Honroca addressed the Board concerning approval of appoint.ents to the pine Art. Council. Motion was llade by ~""'i..ioner Pr~ and seconded by Mayor London to not accept ~. list of reco-..ndationa provided tor the no.bations and au the Pine Arts COUncil to r_ubait a new list of no.in... atter ac:lverti_nbl for applications bave been solicited in all ar_. of the Key., with Ulr_ (3) ditferent IM_. being .ut.itted per '4/22. slot, the individuals to be knowledgeable in the area of arts, and a resuae' to be submitted for each nominee. After further discussion, the motion was withdrawn. Motion was then made by Commissioner Cheal and seconded by Co_issioner Freeman to continue this matter to the next regularly scheduled meeting and ask the Pine Arts Council to address the items of concern that were raised today. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London Yes Motion carried. Environmental Management Director Barry Boldissar and Recycling Director Connie Grabois addressed the Board concerning Recycling COllection Program Recommendations. 1Ir. Boldissar discussed the purchase of Lot 19, OCean Acres, Kay Largo, for use as a Recycling Pacility. Motion was _de by Mayor London and seconded by Co_issioner Reich to obtain a second appraisal and direct staff to attempt to locate another suitable site in the area. Roll call vote was taken with the following results: Commissioner Cheal No Co_issioner Freeman Yes Co.aissioner Harvey Yes C~issioner Reich No Mayor London Yes Motion carried. Irene Gonzalez addressed the Board concerning recycling in Monroe COunty. 1Ir. Boldisear discussed the approval of SOlid Waste aDd RecyCling COllection Pranchise Agr.-nta with OCean Raef Club, Inc., Key. Sanitary Service, Mid-Iteys Wast., Inc., and Bland Di.~l Service, Inc. Motion vas _d. by "'-.l..ioner Pr88JMJl and seconded by C4C i_iemar Harvey granting approval and authoriaing execution of Solid Waste and -.cycling Collection Prancbi_ ~ts _bile... IIonroa CouDty and ne..n _t Club, Inc., 1tey8 Sanitary '4'22' service, Mid-Keys Waste, Inc., and Bland Disposal, per staff reco..endation. Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by c~issioner Harvey granting approval for the Director of Environaental Management to serve as the Contract Administrator for the Solid Waste and Recycling Collection Franchise Agreements. Motion carried unanimously. PUBLIC IlBUIBca A Public Hearing was held concerning a budget amendment for Tourist Develop.ent Council Fund 117 for Fiscal Year 1994- 1995. There was no public input. Motion was made by C~issioner Cheal and .econded by Co..i.sioner Reich to adopt the following Resolution concerning a budget amendment tor Tourist Developaent Council Fund 117 tor Piscal Year 1994-1995. Motion carried unanimoUSly. RB80LU'lIOB BO. 214-1"4 See Res. Book No. 122 whicb is incorporated berein by reterence. There being no turther business, the meeting was adjourned. Clerk to the Boarc:l ot County co..issioners ot Monroe County ~.uc. ~ Isabel C. Desantis, Deputy Clerk